Friday Under Wraps? Major Meeting to Save Anti-EPA Water Standards Bill

House members, business leaders, governor's office representatives and Florida Department of Environmental Protection staff were in conference much of early Friday -- not arguing over why the governor won't support HB 239, participants insist, but working to tweak the bill's language so it won't harm the state lawsuit against EPA. The governor's nonsupport was rumored earlier.

HB 239, sponsored by Rep. Trudi Williams, R-Fort Myers, would prohibit DEP and other government entities from implementing the EPA's numeric nutrient criteria, which are scheduled to go into effect in March 2012. "We got word yesterday (Friday) that the governor wouldn't support the bill as written and we're trying to understand where he's coming from," said Cathy Vogel, president of the Flagler County-based consultancy, The Catalina Group.

One meeting participant, who asked not to be identified, said "the meeting wasn't really anything scheduled, it just kind of evolved."

Barney Bishop, CEO of Associated Industries of Florida, who spent Friday close to the meeting, told Sunshine State News not to worry where Gov. Rick Scott stands on EPA. He's still the anti-regulation governor. "The governor was there with us in the beginning on this bill, he's still there, no question about it," Bishop said.

He claims Scott and DEP were worried the bill, as written, could adversely impact the state's lawsuit. All parties wanted to "sort out" HB 239's problems so it can move on, pass and become law without creating a crisis elsewhere.

The lawsuit specifically alleges that the EPA's numeric nutrient criteria for Florida waters were arbitrary, capricious, and an abuse of discretion. It requests the court to enjoin the EPA administrator from implementing the numeric criteria for Florida in the rule.

HB 239, as written, states the new regulations lack adequate scientific support and would have severe economic consequences on agricultural interests, local governments, wastewater utilities, industry and small businesses.

Bishop said he's convinced all parties have the right spirit and determination to reach a compromise on the bill, making it a "laser instrument" rather than a sledgehammer.

The governor's office did not return phone calls.

Meanwhile in Washington, Sen. Marco Rubio, R-Fla., and Sen. Bill Nelson, D-Fla., both acted in recent weeks to halt or slow implementation. Rubio offered legislation that would defund EPAs enforcement of the numeric nutrient standards for Florida. Nelson wrote a letter to EPA administrator Lisa Jackson, asking the agency to suspend application and enforcement of the rule, while providing for an independent analysis of the costs of compliance and continuing to help cities and counties prepare for its eventuality.